ABOUT
The Judicial System of UVa-Wise is designed to support the purpose and mission of the College. A fundamental premise of the system is that students are expected to act responsibly so that each student has the opportunity to grow intellectually, spiritually, physically and socially. The System also is designed to encourage accountability by stressing the relationship inherent between individual action and consequences.

The System is intended to be educational in nature, rather than punitive. Due process is a fundamental ingredient of the system, yet this principle should not be confused with the legal restrictions associated with criminal courts of law. The principles of fairness and reasonableness serve as foundations for the system.

All judicial offenses accumulate during a student's time at the College. Student Judicial records are maintained for a minimum of five academic years or longer in the case of more severe or repeat offenders.

STRUCTURE
The Judicial System of UVa-Wise is comprised of three levels. These levels are:

1.  Administrative settlements  Administrative settlements (in lieu of a hearing) may be offered to students for minor offenses. The student may choose a hearing rather than sign an Administrative Hearing Form. If a student chooses to accept an administrative settlement, there will be no opportunity for appeal.

2.  Hearings  Hearings will be arranged to adjudicate all offenses not handled by administrative settlements. The Dean of Students will assign each case to a hearing (administrative or Campus Judicial Board). An Advisor can be present but may not participate in hearings. Every effort will be made to consider the individual circumstances of each case to determine which type of hearing would best serve the student and the College in the judicial process. The judicial process is designed to be educational rather than punitive. Factors weighed in determining whether a case is heard by an administrative hearing or a Campus Judicial Board hearing include, but are not limited to: need for expediency, severity of the alleged offense, sensitivity of the case, and judicial history of the charged student.

A.  Administrative hearings  Administrative hearings will be provided when, in the judgment of the Dean of Students, there is a clearly demonstrated need to conduct an administrative hearing. Examples include cases involving alleged misconduct at the beginning or end of an academic semester when the Campus Judicial Board cannot be convened or due to the expediency that may need to be exercised as a result of the severity of the alleged offense.

The Director of Residence Life, the Assistant Director of Residence Life, the Dean of Students, the Vice Chancellor for Enrollment Management, or their designees may conduct administrative hearings.

B.  Campus Judicial Board hearings  The Campus Judicial Board shall be composed of five members. Membership shall consist of the following:

1) Three on-campus students nominated by the Director of Residence Life and approved by the Vice Chancellor for Enrollment Management;

2) Two off-campus students nominated by the Student Government Association and approved by the Vice Chancellor for Enrollment Management; and

3) The Dean of Students shall serve as advisor to the Board. He/she participates in discussions, but does not vote. The student Chair shall be elected by the student membership of the Board.

4) Note: Two alternates may also be selected, one from on-campus and one from off-campus using the process as described above.

5) Members must be in good academic and social standing with the College. Board members shall serve for one year and are eligible for re-nomination. A minimum of three Board members, not including the Dean of Students, is necessary to conduct a hearing. The Board shall meet regularly to hear cases.

3.  Appeals process

A. For all decisions except suspension or expulsion:

1) All judicial hearings decisions may be appealed. Decisions made by the Director of Residence Life may be appealed to the Dean of Students. Decisions made by the Campus Judicial Board or the Dean of Students may be appealed to the Vice Chancellor for Enrollment Management.

2) Requests for appeal must be initiated in writing within 48 hours of the decision and must state just cause for the appeal. The student may or may not be granted a hearing during the appeal process. With the exception of suspension and expulsion appeals, any decision rendered may only be appealed to the next higher level.

B. For suspension and expulsion appeals:

1) Requests for appeal must be initiated within 48 hours of the decision. 

2) Unless the original decision is rendered by the Vice Chancellor for Enrollment Management, the student has the right of two appeals.  The first appeal would be heard by the Vice Chancellor for Enrollment Management (or designee) and the second appeal would be heard by the Chancellor (or designee).

C.  If the student is suspended or expelled by the Vice Chancellor for Enrollment Management, the student may appeal only to the Chancellor.

RIGHTS OF STUDENTS IN JUDICIAL HEARINGS
Student rights in judicial hearings include:

1. Right to written notice of all charges against the student (The notice must be received at least 48 hours prior to the scheduled hearing. The student may have the option of waiving the 48-hour notice. It is the student's responsibility to appear at the scheduled hearing. Failure to appear may lead to additional charges. The case will be heard if the student does not appear and he/she has received the proper notice.);
2. Right of due process within the structured Judicial System, except within the last ten (10) days of each semester and during the summer sessions, during which the Vice Chancellor for Administration or his designee will address judicial matters;
3. Right to be presumed not responsible until proven responsible;
4. Right to refuse to answer questions that tend to be self-incriminating;
5. Right to a hearing conducted in a timely manner;
6. Right to present material and character witnesses from the College community (Material witnesses are those possessing direct knowledge of the case under consideration or those having technical or expert information relevant to the case. The student may present two character witnesses at a hearing.);
7. Right to a separate hearing upon request;
8. Right to face the accuser (The College may act on behalf of the accuser.);
9. Right to question any material witnesses or evidence;
10. Right to subsequent appeal(s) as outlined in the appeals section of the Judicial System; and
11. Right to waive any of the above rights provided it is done of the student's own free will and in writing.

SANCTIONS
Any sanctions (including oral and written reprimands, forced change of residency, removal from campus housing, trespass warning, fines, restitution, community service, loss of priviliges, disciplinary probation, interim suspension, suspension, expulsion), or combinations of sanctions, may be imposed on a student responsible for a Code of Conduct violation. Disciplinary action(s) other than those outlined may be taken as the situation warrants.

Failure to abide by the imposed sanction may result in additional charges. Consult the Judicial System section of the online Student Handbook for more information about sanctions.

CODE OF CONDUCT
The College is a community of scholars in which the ideals of freedom of inquiry, freedom of thought, freedom of expression, and freedom of the individual are sustained. It is committed to preserving the exercise of any right guaranteed to individuals by the Constitution. However, the exercise and preservation of these freedoms and rights require a respect for the rights of all in the academic community to enjoy them to the same extent. It is clear that in a community of learning, willful disruption of the educational process, destruction of property, and interference with the orderly process of the College or with the rights of other members of the College cannot be condoned. Students enrolling in the College assume an obligation to conduct themselves in a manner compatible with the College's function as an educational institution. To fulfill its functions of imparting and gaining knowledge, the College retains the authority to maintain order within the College and exclude those who are disruptive of the educational process.  

Students of the College are expected to conduct themselves in a manner befitting a civilized society, both within the College and elsewhere. For student conduct which is outside the jurisdiction of the Honor Court but which tends to discredit or injure the College, the Chancellor is authorized by the President of the University of Virginia to impose such penalty as he may deem appropriate, including expulsion from the College. This authority has been delegated by the Chancellor to the Dean of Students and the Campus Judicial Board. The College reserves the right to suspend, enforce the withdrawal of, or expel a student who violates the Standards of Conduct. Generally, prohibited conduct for which a student is subject to discipline is defined as, but not limited to, the following:

1. Physical and/or emotional abuse of any person on College-owned or controlled property or at College-sponsored or supervised functions, or conduct which threatens or endangers the health or safety of any such person.
2. Sexual misconduct, including sexual assault or sexual intercourse without consent.
3. Unauthorized entry/exit or occupation of College facilities which are locked, closed to student activities, or otherwise restricted as to use.
4. Intentional disruption or obstruction of teaching, research, administration or other College activities, or of other authorized activities on College property.
5. Possession, distribution and/or use of illegal narcotics or drugs, or drug paraphernalia; public intoxication on college property; illegal/underage use of alcohol and/or tobacco products.
6. Falsely pulling or tampering with fire alarm or fire safety equipment.
7. Possession, storage, or use of any kind of firearms, air rifles or air pistols, BB guns, brass knuckles, ammunition, firecrackers or fireworks, nunchakus, gasoline, explosives or other combustible materials, and knives with a blade longer than six inches, other than ones used as kitchen tools. Please consult the Campus Police Department for additional information.
8. Theft, vandalism, destruction, or unauthorized movement of college property or personal property of other students, faculty, employees, or visitors.
9. Intentionally providing false identification or information to College officials.
10. Failure to exit the building or returning to the building before being told to do so by a College official during a fire alarm.
11. Failure to comply with the reasonable directions of a college official, including Campus Police officers, acting in performance of their duties.
12. Violations of published College policies or College regulations (Such regulations include the Residence Hall Agreement, see online Student Handbook policies section).
13. Knowingly violating the terms of any disciplinary sanction imposed in accordance with this code.
14. Conduct that is detrimental to the College or conduct that reflects negatively on the College community.
15. Every user of the College's computing resources, including but not limited to the email system, has the responsibility to use them in an ethical, professional, and legal manner. The primary use of these resources is to support the academic program; any other use may be inappropriate. Inappropriate uses may include but are not limited to the following:
      * sharing your account or password with anyone;
      * attempting to modify or access files or accounts without permission;
      * using resources for commercial or criminal purposes;
      * sending threatening, harassing, or obscene messages to any person, sending chain letters, or representing yourself as another user when sending messages;
      * using a machine or other resource (such as a modem) for non-academic purposes when other academic users are waiting; and
      *  using resources for illegal copyright infringement activities.
16. Violations of the College Alcohol Policies.
17. Violations of the College Drug Policies.
18. Entry into designated construction/work zones.

INFORMATION
For more information about the Judicial System or the Campus Judicial Board, please contact Dean of Students Jewell Worley at 276-376-1004 or ljw4k@uvawise.edu.